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Nakaikai v Attorney General of Fiji [2017] FJHC 464; HBM17.2017 (29 June 2017)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CONSTITUTIONAL JURISDICTION

Constitutional Redress Application No. HBM 17 of 2017.

MATIASI NAKAIKAI

v

ATTORNEY GENERAL OF FIJI

Date of Ruling: 29 June 2017.

RULING

[1] On the 19^th July 2004 in the High Court at Lautoka the applicant was convicted of murder and sentenced to a term of imprisonment for life without a minimum term.

[2] He now makes application for Constitutional redress, claiming that his rights to freedom and to fair administrative action have been breached in that he has not been taken before a Parole Board and the Mercy Commission who might determine his early release.

[3] Unfortunately this application is out of time.

[4] Section 3(2) of the High Court (Constitutional Redress) Rules 1998 states as follows:

“(2) An application under paragraph (1)(an application for redress) must not be admitted or entertained after 30 days from the date when the matter at issue first arose. “

[5] This application being nearly 13 years out of time, it will not be entertained and it is therefore dismissed.

Paul K. Madigan
Judge